§ 1681. Criminal enforcement

(a) Any permit holder or person who violates a provision of this chapter or the rules adopted pursuant to this chapter, who fails or neglects to obey or comply with the terms of a permit issued under this chapter, or who fails or neglects to obey or comply with an assurance of discontinuance or order relating to this chapter or the rules adopted pursuant to this chapter shall be fined not more than $5,000.00. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance shall be deemed a separate violation.

(b) Any permit holder or person who refuses to obey or comply with the terms of a permit issued under this chapter or who refuses to obey or comply with an assurance of discontinuance or order relating to this chapter or the rules adopted pursuant to this chapter shall be fined not more than $25,000.00 or be imprisoned not more than six months, or both. Each violation shall be a separate offense and, in the case of a continuing violation, each day's continuance shall be deemed a separate violation.

(c) Any person who knowingly makes a false statement, representation, or certification as to any material fact in any application, record, report, plan, testing result, or other document filed or required to be maintained under this chapter, or who falsifies, tampers with, or knowingly renders inaccurate a testing device or method required to be maintained under this chapter or the rules adopted pursuant to this chapter, or any permit or certification issued pursuant to this chapter, or any assurance of discontinuance or order relating to the provisions of this chapter or the rules adopted pursuant to this chapter shall be fined not more than $10,000.00 or be imprisoned for not more than six months, or both.

(d) When a municipal corporation, as defined in 24 V.S.A. § 3301, acquires any existing public water source or existing public water system, as defined in subdivisions 1671(4) and (5) of this title, the Secretary shall establish, in a permit issued under this chapter, a compliance schedule that provides for reasonable time and effort for the municipal corporation to achieve compliance with this chapter for any deficiencies in the acquired source or system. If the municipal corporation remains in compliance with the terms of its permit, no cause of action or grounds for enforcement shall lie against the municipal corporation for violations due to the reasons giving rise to the compliance schedule. (Added 1991, No. 71, § 2; amended 1993 No. 164 (Adj. Sess.). § 11; 2019, No. 14, § 39, eff. April 30, 2019.)